Please read these Terms of Service (“Terms”), which set forth the legally binding terms and conditions between you and Whogohost Limited (‘the Company’ or ‘Whogohost’ or ‘we’, ‘our’ or ‘us’). It governs your access to and the use of Referral Portal and the Services provided by Whogohost.

Our collection and use of your personal information and any personal information that you share with us in connection with your use of our Services is described in our Privacy Policy.

Your access to use our Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users, clients and agents who intend to become Referrers of Whogohost by referring Whogohost’s Services to third parties.

Our website is not directed at you if we are prohibited by any law of any jurisdiction from making the information on our website available to you and is not intended for any use that would be contrary to your local law or regulation.

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access our services.

1. Definitions

Applicable Laws	means the laws of the Federal Republic of Nigeria including the Nigeria Data Protection Regulation 2019,
	Cybercrimes Act 2015, National Information Technology Development Agency Act.
Platform	means the website for the products and services provided by Whogohost which can be found at whogohost.com.
Referrer	means a person who refers individuals and organisations to purchase Whogohost’s Services and gets paid a commission for each referral purchase.
Referral Portal	means the Referral Portal made provided by Whogohost at refer.whogohost.com
Service(s)	means all products and services provided by Whogohost and as described in clause 3 of these Terms.
Terms	means these terms of service for the Referral Portal.
Whogohost Account	means a unique personified account registered in the name of the Referrer and which contains details of the Referral Partner’s transactions/ operations on the Referral Portal (as defined below).
Whogohost Content	means any information, resources or data (including text, images, photos, videos, audio, and documents) or any other content in any media and format that Whogohost may provide or make available to you in connection with your use of the Referral Portal.

2. Acceptance of Terms

The Service is offered subject to acceptance of all the terms and conditions contained in these Terms and all other operating rules, policies, and procedures that may be published on the Platform, which are incorporated by reference, including operating rules, policies, and procedures of third-party service providers to the Platform that are referenced herein. These Terms apply to all Referrers. Some Services offered through the Platform may be subject to additional terms and conditions adopted by the Platform. Your use of those Services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.

Whogohost reserves the right, at its sole discretion, to modify or replace these Terms from time to time by posting the updated terms on the Referral Portal Platform. It is your responsibility to check the Terms periodically for changes. If you object to any such changes, your sole recourse will be to cease using the Platform and the Service.  Your continued use of the Service following the posting of any changes to the Terms will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Whogohost reserves the right to change, suspend, or discontinue offering its Services (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. Whogohost may also impose limits on certain features and Services or restrict your access to parts of or the entire Platform without notice or liability.

3. Scope of Whogohost’s Services

1. Whogohost is a cloud hosting company that provides web hosting and domain registration and other web-related services.
2. Whogohost’s Services can be accessed through the Site.

4. Accounts

1. To access our Services as a Referrer, you are required to sign up on the Referral Portal and create an account (Whogohost Account) by providing your full name, email address, phone number, password, bank account details.
2. Upon successfully creating a Whogohost Account, you will be granted access to the Referral Portal, where you can generate a referral link and use it to refer third parties to purchase Whogohost’s Services.
3. You must provide accurate, current and complete information during the registration process and keep your Whogohost Account information up to date at all times.
4. You are responsible for safeguarding the password that you use to access your Whogohost Account and for any activities or actions under your password, whether your password is with our Service or a third-party service.
5. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Whogohost Account.
6. You shall not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
7. You are liable for any and all activities conducted through your Whogohost Account, unless such activities are not authorised by you and you are not otherwise negligent (such as failing to report the unauthorised use or loss of your credentials).
8. You agree to strictly observe the security and authentication procedures of the website/service and you will log out from the website by taking proper steps at the end of every visit.
9. When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your Whogohost Account.

5. Pricing and Commission

1. Whogohost shall provide the Referrer and any person referred to Whogohost by the Referrer with its Services at a discounted rate.
2. For every person referred by the Referrer to Whogohost which results in a purchase of Whogohost’s Services covered, the Referrer shall earn a commission of N500 (five hundred Naira).
3. Any person referred to Whogohost by the Referrer shall be paid a compensation of N500 (five hundred Naira).
4. The Referrer shall receive all commissions earned 20 days after a successful purchase by any person referred by the Referrer to Whogohost.
5. Whogohost reserves the right to increase the price of its Services and shall duly communicate any increase to the Referrer before they take effect.
6. The Referrer shall be able to withdraw the earned commission once it reaches the minimum threshold of N1000 (one thousand Naira) into the bank account provided.
7. The amount withdrawn and deposited to the Referrer bank account will be less applicable payment gateway charges.

6. Representations & Warranties of the Referral Partner

Representations and warranties are statements and promises made by you to Whogohost, which we rely on as being accurate in our dealings with you. You make the following representations and warranties to us at the time of agreeing to these Terms and every time you use the Services;

1. you are over the age of 18 years;
2. you are of sound mind and have the capacity to enter into a legally binding contract;
3. all personal information that you provide about yourself is accurate and true to the best of your knowledge;
4. all information that you provide about you is accurate and true;
5. you have carefully considered the risks involved with using the Platform, and its Services;
6. if you are registering or accepting these Terms on behalf of a legal entity such as a company, trust or partnership, you are legally authorised to do so and we may request evidence of such legal entitlement (by way of a copy of any document which shows the valid and subsisting authorisation);
7. you will obtain such professional advice as is appropriate to protect your interests, including legal, tax and other advice; and
8. you are not breaching any Applicable Laws or regulations that are applicable to you or any company, trust or partnership upon whose authority you are acting.

7. Intellectual Property

1. The Service and all rights in our product name, trade names, logos, service marks, slogans, product packaging, its original content, features and functionality are and will remain the exclusive property of Whogohost. Our trademarks may not be used in connection with any product or service without our prior written consent.
2. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit Whogohost’s website or Whogohost Content, except to the extent that you are the legal owner of such content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Whogohost or its licensors, except for the licenses and rights expressly granted in these Terms.
3. Subject to your compliance with these Terms, Whogohost grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to access and view any Whogohost Content made available on or through the website and accessible to you, solely for your personal and non-commercial use.
4. Resellers shall not directly or indirectly:
   1. Decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction;
   2. modify, translate, or otherwise create derivative works of any part of the Service; or
   3. copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

8. Prohibited Activities

1. You shall not use the Services for any purpose that is prohibited by these Terms. You are responsible for all your activity in connection with the Services. Violation of our rules may result in the termination and cancellation of your account. You acknowledge and agree that we may terminate your Whogohost Account at any time for any reason (including, but not limited to, our independent assessment or the receipt of claims or allegations from third parties or authorities).
2. Resellers shall not utilize the Referral Portal, the Platform or the Services for any illegal purpose.
3. You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Services. In connection with your use of the Referral Portal and the Platform, you will not and will not assist or enable others to:
4. breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
5. use the Platform or Whogohost Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies endorsement, partnership or otherwise misleads others as to your affiliation with Whogohost;
6. copy, store or otherwise access or use any information, including personally identifiable information about any other Referral Partner, contained on the Platform in any way that is inconsistent with Whogohost’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Resellers or third parties;
7. use the Platform in connection with the distribution of unsolicited commercial messages ("spam");
8. use the Platform with the intention for any other reason;
   1. discriminate against or harass anyone on the basis of race, tribe, origin, religion, gender, physical or mental disability, medical condition, marital status, or age, or otherwise engage in any abusive or disruptive behaviour;
   2. use, display, mirror or frame the Platform or Whogohost Content, or any individual element within Whogohost, Whogohost’s name, any trademark, logo or other proprietary information belonging to Whogohost, or the layout and design of any page or form contained on a page in the Platform, without Whogohost’s express written consent;
   3. dilute, tarnish or otherwise harm Whogohost’s brand in any way, including through unauthorized use of Whogohost Content, registering and/or using Whogohost’s or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Whogohost’s domains, trademarks, taglines, promotional campaigns or Collective Content;
   4. use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Platform for any purpose;
   5. avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Whogohost or any of Whogohost’s providers or any other third party to protect the Platform;
   6. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform;
   7. take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Platform;
   8. violate or infringe anyone else’s rights or otherwise cause harm to anyone.
9. You acknowledge that Whogohost has no obligation to monitor the access to or use of the Platform by any Referrer or to review, disable access to, or edit any content submitted to Whogohost by the Referral Partner, but has the right to do so to
   1. operate, secure and improve the Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes);
   2. ensure Resellers’ compliance with these Terms;
   3. comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body;
   4. respond to content that it determines is harmful or objectionable; or
   5. as otherwise set forth in these Terms. Resellers agree to cooperate with and assist Whogohost in good faith, and to provide Whogohost with such information and take such actions as may be reasonably requested by Whogohost with respect to any investigation undertaken by Whogohost or a representative of Whogohost regarding the use or abuse of the Platform.
10. If you feel that any Referrer you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who
    1. engages in offensive, violent or sexually inappropriate behaviour,
    2. you suspect of stealing from you, or
    3. engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Whogohost by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

9. Links to Other Websites

1. The Platform may contain links to third-party websites or services that are not owned or controlled by Whogohost.
2. Whogohost has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Whogohost shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

10. Termination

1. We may terminate or suspend our Service to you immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
2. Upon termination, your right to use the Platform and our Service will immediately cease. If you wish to terminate your transaction, you may simply send an email to billing@whogohost.com.

11. Indemnity

You agree to indemnify and hold harmless Whogohost, its affiliates and subsidiaries, its officers, directors, employees and agents, against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest penalties and legal and other reasonable professional costs and expenses) suffered or incurred as a result of:

1. your fraudulent or illegal use of the Services or the Platform;
2. your negligence or any default by you of any of these Terms;
3. any inaccurate or incomplete information that you have knowingly provided to us;
4. you allowing any other person to access your account either with your permission or as a result of your failure to keep your username and password private;
5. any claim made against you for actual or alleged infringement of Whogohost’s Intellectual Property or any actual or alleged infringement of a third party’s Intellectual Property arising out of or in connection with our Services or your use of the Platform.

12. Limitation of Liability

In no event shall Whogohost, its directors, employees, partners, agents, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:  

1. your use of or inability to use the Referral Portal, the Platform or the Services;
2. any conduct or content of any third party on the Referral Portal or the Platform;
3. any unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose;
4. any legal proceedings between you and any third parties.

13. Disclaimer

1. Your use of the Service is at your sole risk. The Platform is provided on an “AS IS” and “AS AVAILABLE” basis. The Platform is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
2. Whogohost, its subsidiaries, and its affiliates do not warrant that
   1. the Platform will function uninterrupted, secure or available at any particular time or location;
   2. any errors or defects will be corrected;
   3. the Platform is free of viruses or other harmful components; or
   4. the results of using the Platform will meet your requirements.

14. Governing Law

1. These Terms shall be governed and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law provisions.
2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

15. Dispute Resolution

1. Any disputes arising under or in connection with the validity, interpretation and performance of this Terms between you and Whogohost or between Whogohost and any third parties that cannot be resolved amicably by the parties through negotiation within 30 (thirty) days shall be resolved by Arbitration at the Lagos Court of Arbitration (LCA) before a single arbitrator in accordance with the Arbitration and Conciliation Act, Cap A18, Laws of the Federation of Nigeria.
2. The Parties shall endeavour in good faith to mutually agree on the selection of an arbitrator. If the Parties cannot mutually agree on the selection of an arbitrator within ten (10) days of the request, they shall apply to the LCA to appoint an arbitrator. Arbitration proceedings shall be conducted in Lagos. The arbitrator will be requested to render an award within ninety (90) days and to provide, in writing, the reasoning for the award. The decision of any such arbitrator shall be final and binding on the parties.
3. Each party shall bear its cost in connection with the Arbitration and the arbitrator’s fees shall be split equally between both parties.

16. Force Majeure

Whogohost shall not be liable for failure to perform, or for delay in performing its obligations hereunder if such failure or delay shall be due to natural disasters, war, riot, civil commotion, weather, pandemics, epidemics, labour disputes, failure of sub-contractors or any other cause beyond its reasonable control and whether or not of a similar nature to the foregoing.

17. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to Whogohost’s Platform or Services. You may submit your feedback by emailing us at legal@whogohost.com.  Any feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting your feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

18. Changes to Terms & Conditions

Whogohost reserves the right, in its sole discretion, to change the Terms of Service. Whogohost encourages you to periodically review the Terms to stay informed of our updates.

19. Contact Us

If you have any questions about these Terms, please contact us at legal@whogohost.com.

This document was last updated in April 2022.